The Brookhaven leader., 1887-11-10
An OpprcssiNc Law.

The ViCksburg Herald, which at
first severely criticised the 9TH plank
III the Lincoln county Democratic
platform demanding the repeal by the
coming Legislature of "the iniquitous
law which permits land tie he sold by
trustee under deed of trust. with
out foreclosure in Chancery, upon u
mcagrc advertisement" has the fol-
lowing to say in a recent article on
the same subject, showing il has been
completely converted to the Lincoln
idea:
When the repeal of the deed oftuust
law was first agitated in the Lincoln
County Convention, we thought some
rash legislation was demanded
by the people. We are impressed with
the opinion, that such legislation might
be abused by the dishonest, but having
carefully examined the subject we are
convinced that such is not the purpose,
but that a just and valuable reform is
demanded.
There are many evils resulting from
the system which obtained in Mississ-
ippi of selling lands under deeds OF
trust 10y trustees, without the inter
ventiou of any court to pronounce and
adiudgc the claim which the sale is
made to satisfy, just and legal, and Il
great many wrongs and acts of iniuS-
tice are imposed on the weak debtors
by the mcrciless and grasping credit
itors, under the prctense of collecting
legitimate debts by such sales.
We are surprised that the Changers
and Farmers Alliance have so long
kept silent on this subject which ought
to interest them so much, since such.
a large number of their members have
suffered so much and are daily suffer
ing the ills consequent upon the prac-
tice.
We are informed that deeds of trust
to secure debts, such as are commonly
taken in Mississippi, are unknown i'll
most of the States, and it is surprising
that they should have been allowed to
be given and executed for such con-
siderable time in the State.
Under this prenicious system the
creditor has his debtor absolutely at
his mercy, and once having him can
hold him forever.
1t cncoura ges disregard for the
usury laws of the State as being an eff
fective means of evading them. 1t I'M
settles the titles to the real estate of
the State. 1t encourages the making
of eXorbitant charges by INSCRIPTIONS
merchants and others advancing UNI
der such security, and encourages dis
honesty in such persons, since they
are practically beyond the reach and
supervision of the courts in Il large
majority of cases, and it enables the
creditor to get his debtors property
whenever he chooses at such prices as
he is willing to allow for it.
We will have more to say on this
subject when we will enter more into
details and show how these things are
done.
Out of the prosperity of the farmers
and planters, especially in an agricultu
raj district in Mississippi is grown the
prosperity of the body polite and hence
the protection of the interests of this
class is of first importance in our State
and we know no act which the LegiS
laturc could pass which would 90 SO.
far to benefit anG protect them as Il
law which prohibits the Sellingof lands
under a deed Of trust by trus-
tees.
They should only be sold for the en-
forccment of deeds of trust or mortga.
yes under decree or Judgment of a
conrt. which has adiudged the debt
valid and just for which the sale is to
he made.